Little Bill Bars Public Money For Immigrant Legal Defense

The text as introduced · 811 words

90R3444 JCG-D

By: Little
H.B. No. 1086

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the provision or use of public money to fund

certain legal services for aliens unlawfully present in the United

States; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 10, Government Code, is

amended by adding Chapter 2278 to read as follows:

CHAPTER 2278. PUBLIC MONEY FOR CERTAIN IMMIGRATION LEGAL SERVICES

PROHIBITED

Sec. 2278.001. DEFINITIONS. In this chapter:

(1) "Alien" means an individual who is not a United

States citizen or national.

(2) "Governmental entity" means:

(A) a board, commission, council, department, or

other agency in the executive branch of state government that is

created by the state constitution or a statute, including an

institution of higher education as defined by Section 61.003,

Education Code;

(B) the legislature or a legislative agency;

(C) a state judicial agency or the State Bar of

Texas; or

(D) a political subdivision of this state,

including a county, a municipality, a school district, or any other

special district or authority.

(3) "Immigrant legal orientation program" means a

program for assisting immigrants in navigating the immigration

legal system of the United States, including programs that provide

information to immigrants about legal rights, facility processes,

and the removal process.

(4) "Unlawfully present in the United States" means to

be in the United States without lawful presence or immigration

status according to the terms of the federal Immigration and

Nationality Act (8 U.S.C. Section 1101 et seq.). Being paroled into

the United States under 8 U.S.C. Section 1182(d)(5) is not

considered lawful presence or immigration status for purposes of

this chapter.

Sec. 2278.002. FUNDING CERTAIN IMMIGRATION LEGAL SERVICES

PROHIBITED. A governmental entity may not provide, by contract,

loan, grant, or otherwise, public money to any person for the

purpose of funding any of the following if used to assist an alien

unlawfully present in the United States:

(1) legal representation for immigration-related

matters;

(2) the administration of immigrant legal orientation

programs; or

(3) a legal defense fund.

Sec. 2278.003. USE OF PUBLIC FUNDS FOR CERTAIN IMMIGRATION

LEGAL SERVICES PROHIBITED. A person may not use public money

received, by contract, loan, grant, or otherwise, to provide the

services or programming described by Section 2278.002.

Sec. 2278.004. AFFIDAVIT REQUIRED. An application or bid

for a contract, loan, grant, or other funding from a governmental

entity must include, along with any other required application

materials, an affidavit swearing or affirming that no public money

will be used to provide the services or programming described by

Section 2278.002.

Sec. 2278.005. ATTORNEY GENERAL INVESTIGATION AND NOTICE;

CANCELLATION OF FUNDING; SUSPENSION OF OCCUPATIONAL OR BUSINESS

LICENSE. (a) If the attorney general finds that a governmental

entity violated Section 2278.002, the attorney general shall give

written notice of that violation to the governmental entity. On

receipt of the notice under this subsection, the governmental

entity shall:

(1) terminate the agreement under which the money was

disbursed; and

(2) require the recipient of the money to reimburse

the governmental entity for any money used in violation of Section

2278.003.

(b) If the attorney general finds that a person used public

money in violation of Section 2278.003, the attorney general shall

provide written notice of the violation to:

(1) the person;

(2) the governmental entity that provided the money to

the person; and

(3) as applicable, any governmental entity that issued

an occupational or business license to the person.

(c) A governmental entity that receives notice under

Subsection (b)(2) shall require the person to reimburse the

governmental entity for any money used in violation of Section

2278.003.

(d) A governmental entity that receives notice under

Subsection (b)(3) shall suspend the person's occupational or

business license issued by the governmental entity for a period of

six months.

Sec. 2278.006. CIVIL PENALTY. (a) A person who violates

Section 2278.003 is liable to the state for a civil penalty in an

amount not to exceed $1,000 for each alien unlawfully present in the

United States assisted with the money.

(b) The attorney general may bring an action to recover a

civil penalty imposed under this section. The attorney general may

recover reasonable attorney's fees and court costs incurred in

bringing an action under this section.

SECTION 2. Chapter 2278, Government Code, as added by this

Act, applies only to public money received under a contract, loan,

grant, or other agreement for funding from a governmental entity

entered into or renewed on or after the effective date of this Act.

A contract, loan, grant, or other agreement for funding entered

into before the effective date of this Act is governed by the law in

effect on the date the agreement was entered into, and the former

law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2027.